Navigating Contractor vs. Employee Classification
The Evolution of Equal Pay: Lessons From 9 to 5 — Hiring to Firing Podcast
Keeping Up with Exemption Threshold Regulations
Constangy Clips Ep. 6 - Federal Court Blocks DOL Rule: What Employers Need to Know
What's the Tea in L&E? DOL Drama: Court Vacates Overtime Expansion Rule
Employment Law Now VIII-154 - Court Invalidates DOL's 2024 Overtime Salary Threshold Increases
#WorkforceWednesday®: DOL Authority Challenged - Key Rulings on Overtime and Tip Credit - Employment Law This Week®
The Burr Broadcast: FLSA Overtime Exemption
What's the Tea in L&E? Alert: Salary Threshold for Exempt Employees Increases to $58,656
VIDEO: Major Changes Coming for Employers
#WorkforceWednesday: DOL’s Final Rule on Worker Classification, NLRB Joint-Employer Rule Challenged, SpaceX Sues NLRB - Employment Law This Week®
The Burr Broadcast: New Independent Contractor Rule
DE Under 3: US DOL's WHD Published Its “Employee or Independent Contractor” Classification Final Rule
The Burr Broadcast: Proposed Expanded Overtime Rule
Podcast: California Employment News - The Basics of Pay Exemptions
California Employment News: The Basics of Pay Exemptions
Podcast: California Employment News - Department of Labor Guidance on Telework
California Employment News: Department of Labor Guidance on Telework
#WorkforceWednesday: NLRB Focuses on Severance Agreements, Supreme Court Opens Overtime to HCEs, Ninth Circuit Rejects CA's Mandatory Arbitration Ban - Employment Law This Week®
Employment Law Now VII-126 - Invalidating Severance Agreements (and Other Important Developments)
On May 1, 2025, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued a Field Assistance Bulletin, announcing that it will no longer enforce a 2024 Biden-era independent contractor rule under the...more
In 2024, the Department of Labor adopted regulations limiting the definition of independent contractors exempt from the provisions of the Fair Labor Standards Act’s overtime and minimum wage requirements....more
On June 23, 2021, the U.S. Department of Labor (DOL) published a notice of proposed rulemaking (NPRM), which reverses course from a December 2020 final rule and seeks to resurrect the so-called “80/20 Rule” that governs how...more
The Fair Labor Standards Act of 1938 ("FLSA"), for decades, has permitted employers to pay some workers a lower minimum hourly wage than would otherwise be due if the workers receive at least a minimum amount per month in the...more
If January's minimum wage, tip, and overtime developments forecast what employers should expect throughout the remainder of the year, it could be a challenging 2020....more
Q: I heard New York is changing its rules around tip credits for some types of employees. What do I need to know? ...more
Following months of political maneuvering, including a gubernatorial veto, Connecticut has enacted compromise legislation that attempts to clarify how restaurants and other hospitality industry employers must pay workers who...more
On October 8, 2019, the U.S. Department of Labor (DOL) proposed changes to the Fair Labor Standards Act (FLSA) regulations governing the wages of tipped employees, specifically, tip credits and tip pools....more
On Monday, October 7, 2019, the Department of Labor (DOL) proposed a new 80/20 rule and tip pooling regulation. First, the proposed regulation, if finalized, will permit employers to take a tip credit regardless of the...more
Rules relating to tip credit and pooling have resulted in significant debate among legislators, regulators, and the courts, leading to confusion, further litigation, and, in many cases, substantial liability or settlements...more
Seyfarth Synopsis: The Department of Labor’s Wage & Hour Division announced its long-awaited proposed rule related to the FLSA’s tip provisions. The rule would implement statutory changes passed in March 2018; it also would...more
...In a new opinion letter released November 8, 2018, the U.S. Department of Labor (DOL) decided to eliminate the “80/20 Rule” which had previously limited employers’ ability to take a “tip credit” toward their employees’...more
Q. We use the tip credit for servers who work in our restaurant. When service is slow, we ask our servers to pitch in with other jobs around the restaurant, like sweeping up the dining room and cleaning the restroom. ...more
Employers are no longer barred from taking the tip credit for tipped employees who spend more than 20% of their time doing non-tipped activities, according to a new U.S. Department of Labor opinion letter doing away with the...more
The Department of Labor’s Wage and Hour Division (WHD) has announced it will no longer apply the “80/20 rule” to tipped employees, and will no longer require employers to pay the full minimum wage for time spent by a tipped...more
Seyfarth Synopsis: The DOL has reissued a long-awaited opinion letter withdrawing its previous 20% tip credit rule and making clear that “no limit is placed on the amount of [related but non-tipped] duties that may be...more
Seyfarth Synopsis: In an en banc decision, the Ninth Circuit reverses its prior panel opinion rejecting the DOL’s interpretation of FLSA regulations on use of the tip credit to pay regularly tipped employees, finding that the...more
President Trump recently signed into law Congress’ $1.3 trillion, 2,232-page omnibus budget bill. Notably, tucked away on page 2,025 of the bill, Congress amended the Fair Labor Standards Act to address rules affecting...more
The history of tip pooling for employers who do not utilize a tip credit has been a rocky one. Past articles on this site have chronicled an employer’s ability to pool and distribute tips to all employees, including those in...more
As reported last week, on March 23rd, President Trump signed into law a massive spending bill that, among other things, amended the Fair Labor Standards Act (FLSA) to clarify that a manager or supervisor may not keep his...more
On March 27, 2018, President Donald Trump signed into law Congress’s $1.3 trillion, 2,232-page omnibus budget bill, the Consolidated Appropriations Act, 2018. ...more
If you’ve been paying attention to the news relating to wage and hour law (and really, who isn’t?), you may recently have heard quite a bit about new federal rules on tipped employees, and more recently Congress stepping in...more
Congress and the President have waded in to the ongoing debate regarding employers’ use of “tip pools” under the Fair Labor Standards Act (“FLSA”) by passing the Tip Income Protection Act (“TIPA”) as part of the omnibus...more
Federal regulations currently treat tips as the employee’s property, regardless of whether the employer pays that employee the minimum wage or whether it uses a tip credit to satisfy the minimum wage requirement. ...more
Good news for restaurant employers: the regulation that says tips belong to the employee – regardless of whether the employer takes the tip credit or pays the full minimum wage — may soon be history. Last week, the Department...more